[HISTORY: Adopted by the Board of Supervisors of the Township of East Brandywine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 147.
Solid waste and recycling — See Ch. 218.
Streets and sidewalks — See Ch. 224.
[Amended 10-20-1998 by Ord. No. 98-05]
It is the intent of these regulations that property owners shall not permit vegetation to become overgrown to the point of becoming unsightly and/or unhealthy. At the same time, plants that are grown for a useful or ornamental purpose, fields in agricultural use and areas of significant natural value should not be subject to excessive, unnecessary or hindering standards of maintenance.
The actions required under § 191-3 of this article shall be applicable in relation to the following types and characteristics of offensive vegetation when such vegetation exists on any property within East Brandywine Township:
A. 
Plant species contained on the Control List of the Pennsylvania Noxious Weed Control Act, as amended.[1]
[1]
Editor's Note: See 3 P.S. § 255.1 et seq.
B. 
Poison ivy, ragweed or other plants that are poisonous or detrimental to health when located in such a manner that they extend upon or overhang any street, sidewalk or other public place.
C. 
Grass, weeds, brush or similar ground-covering vegetation that exceed a height of 18 inches, except that the following types of vegetation shall be excluded from the requirements of this article:
(1) 
Agricultural crops under managed cultivation.
(2) 
Plant materials grown or placed for ornamental purposes.
(3) 
Vegetation that is actively managed in a meadow condition where the terms of such a management program can be documented by the landowner.
(4) 
Vegetation deemed by the Township to be serving a useful natural function, including, but not limited to:
(a) 
Hedgerows.
(b) 
Wildflower meadows.
A. 
Any offensive vegetation, as defined under the terms of § 191-2 above, that is growing or situated upon any property within the Township is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of those who inhabit, own land in, or pass through the Township.
B. 
The owner of any property, whether occupied by the owner, occupied by another party, or vacant, shall be responsible to:
(1) 
Selectively control any offensive vegetation meeting the criteria in § 191-2A or B of this article. Selective control may be practiced by means other than mowing and shall include the following in order of preferred method: hand pulling, mechanical removal, burning, trimming and use of herbicides (which shall be the least preferable means of control).
(2) 
Trim and maintain below a height of 18 inches any offensive vegetation meeting the criteria in § 191-2C of this article.
The Board of Supervisors of East Brandywine Township, or any officer of the Township designated thereby for the purpose, is hereby authorized to give notice, by personal service or by U.S. mail, certified, postage prepaid, to the owner of any property on which offensive vegetation is in violation of any of the provisions of this article, directing and requiring such owner to remove or trim such vegetation so as to conform to the requirements of this article within five days after the issuance of such notice. In the event the property owner shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township may came such offensive vegetation to be removed or trimmed and the cost thereof, with an additional charge of 10% to be collected by the Township from the property owner in default in the manner provided by law.
Any person who violates the provisions of this article shall be subject to a summary proceeding pursuant to the Pennsylvania Rules of Criminal Procedure and upon conviction shall pay a fine not to exceed $1,000, plus costs, fees and attorney's fees. Each day that the violation shall continue after notice may be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Nothing herein is intended to modify or supersede any federal or state law or regulation.
This article shall become effective five days after enactment by the Board of Supervisors and shall remain in full force and effect until amended or revoked.